Ukiah educators react to California teacher tenure ruling

California Education Code states that K-12 teachers earn permanent status (commonly called tenure) after working two years with an appropriate credential in a regular education school program.

Districts have the right to non-reelect probationary teachers at the end of the school year anytime prior to March 15 of their second year of employment. Districts do not need any cause or reason to give the notice. Teachers are not entitled to a hearing.

Teacher tenure is a policy by which teachers receive permanent contracts that ensure their employment for life. Unless there is just cause for dismissal, teachers who receive tenure cannot be fired. In most states, teachers get tenure based on the number of years they work in a school or school district.

In response to President Obama's Race to the Top, school districts throughout the nation, including those in New York City, Arizona, Virginia, Connecticut, North Carolina, Louisiana, South Dakota, New Mexico, Florida and New Jersey, have instituted new tenure policy for their teachers, beginning the transition toward rewarding teachers for not only their staying power but for their passion, talent and pedagogical skill. Three other states and the District of Columbia have eliminated it entirely

On Tuesday, Los Angeles County Judge Rolf M. Treu upheld the plaintiff's arguments and ruled as unconstitutional California's state teacher tenure system, saying the state's teacher tenure laws violated students' right to an equal education and caused "the potential and/or unreasonable exposure of grossly ineffective teachers to all California students in general and to minority and/or low income students in particular." He further stated that the effect of bad teachers on students "shocks the conscience."

Reforming teacher tenure and firing laws have been hotly debated issues in American education, and the California case is being watched nationally, as evidenced by a statement from U.S. Education Secretary Arne Duncan who said, if upheld, the ruling will bring to California "a new framework for the teaching profession that protects students' rights to equal educational opportunities while providing teachers the support, respect and rewarding careers they deserve."

The history of teacher tenure dates back to the 19th century, when there were few to no policies in place to protect teachers from being fired. Without job protection, teachers could be fired for literally any reason. Race, creed, gender and favoritism were some of the most common reasons for firing teachers before 1885, as well was their political affiliation. Women could even be fired for becoming pregnant.

In 1885, the National Education Association issued a report calling for political action to protect teachers; in 1886, Massachusetts became the first state to implement a policy, and other states followed suit.

While reformers say firing a bad teacher is almost impossible because of tenure laws and union protection, teachers and their unions argue that school boards and their firing criteria have unfair, overtly political standards.

"We are deeply disappointed, but not surprised, by this decision. Like the lawsuit itself, today's ruling is deeply flawed. This lawsuit has nothing to do with what's best for kids this suit is not pro-student. It is fundamentally anti-public education, scapegoating teachers for problems originating in underfunding, poverty and economic inequality," California Federation of Teachers President Joshua Pechthalt said.

The judge's decision will not take effect while the California Teachers Association mounts an appeal.

Local educators have weighed in on the recent ruling. UUSD board member Anne Molgaard says, "We appreciate the discussion of how to improve student learning. Public education and teaching are complicated systems, and there is always room for improvement. The majority of teachers in Ukiah Unified are highly qualified, enthusiastic educators, and we are thrilled they have chosen to dedicate their professional lives to our students.

"Any teacher will tell you how difficult the first few years of teaching are. Eighteen months is a short amount of time to evaluate a brand new educator and principals often find themselves in the difficult position of having to make a decision about a teacher based on insufficient information."

UUSD Superintendent Deb Kubin says, "These are complicated systems that always have room for improvement. The court's decision will open up more discussion into these systems. We are very fortunate in Ukiah to have a majority of teachers who are outstanding in their profession and work very hard to engage kids in learning. I think we can all agree that our kids deserve amazing teachers, and we should all do everything in our power to make sure this is possible."

UTA President Leslie Barkley says that both the CTA and the CFT were fighting this decision, and she believes they will continue to work to make sure the ruling will be appealed.

"The place for looking at adjusting teacher evaluation is through the legislative process. The California Ed Code is what governs public education in this state, and there is currently legislation working its way through the process to revise teacher evaluation in California. Both unions and coalitions of teachers have been involved.

"All students deserve the best teachers, those who live in poverty especially so. That is why we are in this profession. We are all constantly working to improve our practice. While teacher quality does improve with time, the first two years when a teacher is probationary, he or she needs as much support as possible. It is very important for administrators to give the necessary support at this time and to also give serious consideration in granting a teacher permanent status," a statement corroborated by an administrator.

"The evaluation process we currently have in place provides for due process; there are procedures if teachers are not up to standard. If necessary, a teacher can be released after they have received permanent status."